Monday, March 30, 2020

LGC Newsletter – March 2020


Guantánamo Bay

On 24 March, the US military reported that a Navy sailor based at Guantánamo had contracted the Covid19 virus, the first of the 6000 military personnel stationed there. According to journalist Carol Rosenberg, this does not affect the prisoners at Guantánamo Bay or any personnel at the detention centre, and extensive measures have been taken to protect staff and prisoners, many of whom are at heightened risk after years of torture and abuse at the hands of the US military. Meetings with lawyers must also currently take place via video link or telephone and not in person due to the virus.

A federal judge has ordered the US government to set up a Mixed Medical Commission, an independent medical panel, made up of one US military doctor and two doctors from third countries, to carry out a psychological assessment of Saudi prisoner Mohammed Al-Qahtani to see if he is receiving adequate psychiatric care at the facility. Al-Qahtani has suffered from schizophrenia since his childhood. His lawyers are calling for him to be returned to Saudi Arabia for psychiatric treatment. Although he admitted as much before he was detained in Afghanistan in 2001, the US detained him and subjected him to brutal forms of torture, including “beatings, exposure to extreme temperatures and noise, sleep deprivation and extended solitary confinement. An FBI official in 2002 observed al-Qahtani speaking to non-existent people, hearing voices and crouching in a corner of his cell while covering himself with a sheet for hours at a time”. The Pentagon has admitted that he was tortured and as a result he has never been charged in over 18 years of detention. The ruling is a first at Guantánamo where the military is secretive about medical records and procedures. In spite of awareness of his mental health illnesses, he is still considered a threat to US security.

The Department of Defense has stated that it is considering reducing the number of staff at Guantánamo, the most expensive prison in the world with only two convicted prisoners, to make the facility more efficient and effective. There are currently 45 military personnel for each of the 40 remaining prisoners.

The third judge in the case of five men accused of involvement in attacks on New York City in September 2001, US Air Force Colonel Shane Cohen, who only took over the case last year, has announced his retirement from the case after just nine months as he is retiring from active military duty in July. He said in a letter that his last day as judge in the case will be 24 April, although no further hearings are scheduled in the case until June. His departure is likely to make the start date for the trial of January 2021, which he set, more improbable. Last month a long-term lead defence lawyer also quit the case on health grounds; these are just the latest obstacles to the show trial going ahead.

Extraordinary Rendition
Following a hearing in December 2019, the appeals chamber of the International Criminal Court in The Hague has authorised an investigation into war crimes and crimes against humanity committed by the US, Afghan and Taliban soldiers in Afghanistan post-2003. Allegations relating to British troops may emerge in the process. The ruling grants the prosecutor greater authority to act on her own initiative. The US has criticised this decision.


LGC Activities
Owing to the social distancing and self-isolation measures currently in place to deal with Covid19, the London Guantánamo Campaign’s monthly Shut Guantánamo! demonstration will be held virtually at 12-2pm on Thursday 2 April. To take part, please email a photo/video of your banner to us at london.gtmo@gmail.com before 12pm on 2 April or share your picture/video to our Facebook page https://www.facebook.com/London-Guantánamo-Campaign-114010671973111/ or via Twitter (or just a message) @shutguantanamo between 12 and 2pm on Thursday 2 April. More details here: https://www.facebook.com/London-Guantánamo-Campaign-114010671973111/

Sunday, March 08, 2020

LGC Newsletter – February 2020


Guantánamo Bay
A two-week pre-trial hearing was heard in the case of the five men accused of involvement in attacks in New York City in September 2001. During the ongoing hearings, ahead of the scheduled start of the trial in January 2021, long-term lawyer of Saudi Ramzi bin Al Shibh, who has represented him since before the defendants were arraigned in May 2012, entered a motion to withdraw from the case on health grounds. Worried that this could delay the start of the trial in 2021, the prosecution asked for him to stay on until a replacement is ready to take on his role. Harrington’s motion, which was granted provided that he remains under a replacement is found, was made one week before the hearing started and delated testimony from former “FBI Special Agent James Fitzsimmons, who was involved in early overseas interrogations of some of the defendants”.
The hearing also looked at interference by the CIA and other agencies in hearings through a tablet computer used by prosecutors through which they are told when to ask the judge to halt the proceedings. This was noticed by defence lawyers “last month when questioning key witnesses who led the CIA’s abusive black-site interrogation program.” Lawyers argued that this CIA interference “could violate the due process rights of the five men accused of planning the 9/11 attacks”. The judge stated that he had allowed prosecutors to use such a device to “prevent spills of classified information that he is required to protect as a matter of law” and that “No outside agency is providing litigation advice or strategy to the prosecution”. However, defence lawyers stated that this must be done in a transparent manner that does not give the CIA leverage in the court proceedings.
The judge cancelled a three-week hearing set for March but said that he would seek not to push back the trial start date of January 2021 yet. The next hearing is scheduled to start on 1st June, after Ramadan.

In the other Guantánamo capital case of Abd Al-Nashiri, accused of involvement of attacks on US navy vessels in the Gulf of Aden in 2000, the judge has suggested a trial start date of February 2022. Defence and prosecution lawyers have been given until 31 March to comment on a schedule for pre-trial hearings put forward by the judge.
In the same case, Sudan has agreed to pay compensation to the families of the 17 men killed aboard the vessel as a key condition for the state to be removed from the US’ terrorism list; the US claims that the two suicide bombers who carried out the attack were trained in the state. The deal is reported to be worth around $30 million. Although Romania and Poland have compensated Al-Nashiri for CIA torture carried out on him there, the US is using torture evidence in the case against him and has offered no admission of guilt or compensation.

In a lawsuit brought in Canada against Omar Khadr by the family of US military man Michael Speer, allegedly killed by Khadr in Afghanistan in 2002, for whose death he was convicted, among other charges, in his 2010 secret guilty plea bargain at Guantánamo, in order to claim the $134 million compensation awarded to them by a US judge in a case they brought against him that he did not contend, the Ontario Supreme Court has ordered Khadr to answer questions put to him by the family concerning confessions he made to the US, under duress of torture and that he signed in admission of


as part of his guilty plea. Khadr’s lawyers have not commented on the ruling.
Khadr also recently gave his first public speech alongside fellow former child prisoner Ishmael Beah as part of an event to mark International Day against the Use of Child Soldiers (12 February) at Dalhousie University https://nationalpost.com/news/world/former-guantanamo-bay-detainee-omar-khadr-speaks-in-at-child-soldiers-panel 

LGC Activities:
The next monthly Shut Guantánamo! demonstration will be held outside the US Embassy in London on Nine Elms Lane, SW11 7US (nearest underground: Vauxhall) at 12-2pm on Thursday 5 March. Details: https://www.facebook.com/events/197927804903085/